Last Revised: 04-18-2020
Terms & Conditions
The subsequent Terms and Conditions of Service apply to all products & services provided by Buckving and in the event of any dispute are governed by the laws and regulations of the United States of America.
The confirmation of design upon design categorization and stated services provided are deemed to be given by us as fulfilling the contract.
Job Acceptance & Processing
Firstly, prices accompanied with services that will be fulfilled will be available on the secured SSL encrypted website (www.thebusinesstoolkit.com). Upon purchase of products or/and services, Buckving will provide the customer with a digital invoice via email through our gateway company via email. These Terms and Conditions can be read at any time on Buckving website.
Paying for the service/s and/or product/s will be understood as the acknowledgement and understanding of all terms and conditions.
This binds the client to accept our terms and conditions.
Buckving Terms & Conditions are what govern the job, not any presumed conditions on the customer’s purchase order.
Project Charges
Charges/Costs/Monetary exchange for design services to be provided by Buckving will be set out in an invoice that is provided to the customer via email. At the time of the customer’s acceptance of this invoice through the payment authorization, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the invoiced fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of one hundred percent (100%) of the product/s and/or service/s invoiced total before the work commences or is supplied to the Client for review and/or confirmation.
Source Files
We will supply the files in formats that you would require to utilize your design such as printing and advertising.
The formats are as follows: .PNG, .JPG, .PDF, .EPS, .AI/.PSD
Charges for Other Services
Charges for any additional services requested (including revisions that have exceeded upon agreement) during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the invoiced amount) at the time of estimate or quotation acceptance.
Payment
The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Buckving.
Any invoice queries must be submitted by email within 14 days of the invoice date. Clients are subject to contact us to discuss queries if not answered via email within 2 days of submitted email.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of America Base Rate plus 12.5% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card and/through PayPal gateway.
Publication and/or release of work done by Buckving on behalf of the client, will not take place before cleared funds have been received.
Buckving reserves the right to consider an account to be in default in the event of an unpaid balance within (30) days or incomplete/declined payments.
Default
An account shall be subjected to default if it remains unpaid for thirty (30) days from the date of invoice. Buckving shall be entitled to remove Buckving and/or the customer’s material from any and all computer systems/databases/cloud/servers, until the amount due has been fully paid. This includes any and all unpaid monies due for services. Removal or discontinuation of services of such materials does not relieve the customer of its obligation to pay the due amount.
Clients whose accounts become default agree to pay all Buckving legal and accounting expenses and third-party collection agency fees in/ the enforcement of the rational debt and these Terms and Conditions.
Copyrights and Trademarks
Any artwork, images, or text supplied and/or designed by Buckving on behalf of the customer, the customer obtains Full Ownership Rights of the property.
By providing text, images and other data to Buckving for insertion in the customer’s designs, the customer declares and acknowledges that it holds the responsibility/appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any software, code, plugin or other third-party material used in a digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not Buckving.
By providing images, text, or any other data to Buckving the client grants Buckving permission to use this material freely in the pursuit of the design.
Should Buckving, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Buckving to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Buckving free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Revisions and Altercations
Each advertised and invoiced package indicates a maximum of revisions. If these revisions have been exhausted and the customer requires additional revisions and altercations, the client accepts the underlying additional fees.
The client also agrees that Buckving holds no responsibility for any amendments made by any third party, before or after a design is processed, designed and published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by Buckving, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Buckving and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Buckving will not be held responsible for any and all damages resulting from such claims.
Buckving is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Buckving responsible for any such loss or damage.
Any claim against Buckving shall be limited to the relevant fee(s) paid by the customer.
Design Project Duration
The standard timeframe for a first draft of the invoiced and purchased design is set between 48 and 120 hours. First drafts are subject to be sent before the 48-hour threshold but not guaranteed (based on project que and efficiency). Any indication given by Buckving of a design project’s duration is to be considered by the customer to be an estimation. Buckving cannot be held responsible for any project over-runs, amid any circumstance. Estimated project duration should be deemed to be from the date that cleared funds are received by Buckvingt for the initial payment or by date confirmed.
Project Completion
Buckving considers the design project complete upon confirmation via any documented (proof) means of communication.
Design Credits
The customer agrees to allow Buckving to place a small credit on printed material exhibition displays, advertisements and/or a link to buckvingt own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer agrees to allow buckvingt to advertise their finished product on Buckving website and social media. Exception can be granted upon written email and authorization/acknowledgment from buckving
Rights of Refusal
buckving will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. buckving also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that buckving does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow buckving to remove the contravention without hindrance, or penalty. buckving is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of invoiced, paid, and processed orders may be made initially by telephone communication or e-mail. However, the client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of fees due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by buckving within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. Anything beyond will be subjected to default status.
Disclaimer
buckving makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Tbuckving will not be held responsible for any and all damages resulting from products and/or services it supplies. buckving is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to analyze, examine and investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold buckving responsible for any such loss or damage. Any claim against buckving shall be limited to the relevant fee(s) paid by the customer.
buckving reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. buckving will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. buckving reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Express Logo Delivery Terms
Express Logo Delivery service is designed to offer clients an accelerated timeline for receiving the first draft of their logo designs, ensuring a faster start to the revision and finalization process. This service is optional and available for an additional fee, providing clients with a choice between standard and expedited delivery schedules based on their needs.
For Basic, Premium, and Executive Logo Packages:
- 24-Hour Turnover: An additional fee of $200 applies.
- 48-Hour Turnover: An additional fee of $100 applies.
For Complex Logo Designs:
- 24-Hour Turnover: An additional fee of $250 applies.
- 48-Hour Turnover: An additional fee of $150 applies.
Consultation Requirement The Express Logo Delivery timeline begins after an initial consultation has been completed. Consultations are typically scheduled within 24 hours of an order being placed. The expedited delivery period (24 or 48 hours) refers to the time frame within which the first draft of the logo will be delivered following this consultation.
Scope of Service The Express Logo Delivery fee prioritizes the creation and delivery of the first draft within the purchased time frame. It also includes organization-wide prioritization of any revisions during the logo finalization process, compared to standard orders.
Finalization Timeline While the first draft is expedited, the total time to finalize the logo design may vary based on the number and complexity of revisions requested by the client. Our commitment to quality remains paramount, and we ensure each design meets our high standards and client expectations.
Non-Refundable Fee The Express Logo Delivery fee is non-refundable once the consultation has taken place and work on the expedited timeline has commenced.
Limitation of Liability buckving reserves the right to refuse the Express Logo Delivery service for any order based on our capacity, the complexity of the project, or other factors that may impact our ability to deliver within the expedited timeframe. In such cases, the client will be notified promptly, and the Express Logo Delivery fee will not be charged.
By selecting the Express Logo Delivery option, clients agree to these terms, ensuring a clear understanding of the service, its fees, and the conditions under which it is provided.
Refund Policy
General Refund ConditionsUpon placing an order with buckving, clients agree to our financial terms, acknowledging that 50% of the service fee is non-refundable. This policy reflects the upfront costs borne by our company, including merchant processing fees, legal expenses, and other operational costs essential for initiating, processing, and delivering the ordered services. Covers preliminary expenses and resource allocation essential for project commencement.
Policy on Uninitiated Services
Partial Service Initiation
In cases where the customer has purchased multiple services and communication has not been established to initiate all purchased services, a 50% refund is applicable only to the services that remain uninitiated. This policy recognizes the commitment of resources and planning undertaken by buckving for each service purchased. This policy is enforced due to the allocation of resources for the expected delivery of each service. When a service remains uninitiated due to customer non-responsiveness, it impacts our ability to allocate these resources efficiently, affecting our capacity to take on and serve other clients. It is designed to ensure fairness and resource efficiency, acknowledging the partial commitment and resource reservation made for each service in a bundle.
Non-Responsiveness
If no communication is received within 10 days from the purchase date, making it impossible for Buckving LLC to initiate any or all of the purchased services, the non-initiated services are eligible for a refund of 50% of their individual purchase price.
Refund Rejection Criteria
Buckving LLC reserves the right to deny refund requests under the following conditions:
- Approval of the initial design concept and commencement of further development.
- Requests for revisions following the initial concept/draft.
- Cancellations not related to the quality or performance of our services.
- Lack of communication for more than 10 days post-purchase.
- Should communication cease for a period exceeding 10 days at any point following a purchase
- Violation of any terms or policies of Buckving LLC.
- Engagement with another service provider for the same project scope.
- Submission of an incomplete required information form.
- Requests for and completion of a complete design overhaul.
- Refund requests submitted beyond the agreed “request for a refund” duration.
- Business closure or changes in name or ownership.
- Non-service quality related reasons such as change of mind or internal disagreements.
- Inappropriate client conduct including verbal abuse, threats, or cyberbullying.
- Approval of designs, post which no refund requests will be entertained.
Rights Upon RefundUpon issuing a refund, all rights to the designs and work produced revert to Buckving LLC, which retains full ownership. The client forfeits any right to use the designs or work in any capacity.
Request SubmissionClients must submit refund requests within 10 days from the order placement date via email to support@thebusinesstoolkit.com.
Discretionary RightsBuckving LLC retains the discretion to reject any project or cancel contracts for any reason deemed necessary. This policy is in place to ensure alignment with our company values and operational capabilities.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Buckving by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.thebusinesstk.com. An estimate validated by the customer’s payment of invoice, or by email, constitutes acceptance of the estimate or invoice and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and Buckving.
These terms of use (“Agreement”) set forth the legally binding terms for your use of the Site and Services (whether as a Customer or as a Designer). By registering for Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all the provisions of this Agreement, you cannot use the Services.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.